AMERICAN MOTORCYCLE ASSOCIATION V. SUPERIOR COURT
20 Cal.3d 578 (1978)
NATURE OF THE CASE: The court ordered a hearing sua sponte after the Court of Appeal
granted a peremptory writ of mandate, for which defendant race sponsor had petitioned
following the denial of defendant's motion for leave to file a cross-complaint by the trial
court in an action brought by plaintiff race participant to recover damages incurred during
a motorcycle race.
FACTS: Glen Gregos (P) was a teenage boy who had his spine crushed in a cross country
motorcycle race for novices. P sued American Motorcycle (D) and Viking Motorcycle Club (D1)
for negligence. D filed an answer denying P's allegations and asserting affirmative defenses
and alleging that P's own negligence was the proximate cause of his injuries. D then sought
leave to file a cross complaint against P's parents for negligence in failure to supervise P
and that D's negligence if any was passive while P's parents' negligence was active. D also
sought declaratory relief against P's parents in that P failed to join his parents in his
action and asks for the allocable negligence of P's parents so that damages awarded against
D would be reduced by the percentage of damages allocable to P's parents' negligence. The
trial court dismissed the proposed cross complaint and certified the question for a higher
review.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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